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list price: $52.00
edition:Paperback
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category: Law
published: April 2012
ISBN:9781552212912
publisher: Irwin Law Inc.

Constitutional Labour Rights in Canada

Farm Workers and the Fraser Case

edited by Fay Faraday; Eric Tucker & Judy Fudge

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agricultural, constitutional, labor & employment
0 of 5
0 ratings
rated!
rated!
list price: $52.00
edition:Paperback
also available: eBook
category: Law
published: April 2012
ISBN:9781552212912
publisher: Irwin Law Inc.
Description

On 29 April 2011, the Supreme Court of Canada released its much-anticipated decision in Attorney General of Ontario v Fraser, which dealt with the scope of constitutional protection of collective bargaining. The case involved a constitutional challenge to an Ontario statute on the grounds that it violated agricultural workers’ freedom of association and right to equality by excluding them from the statutory protection that is available to virtually all other private sector workers and by failing to provide them with alternative legislative support for meaningful and effective collective bargaining rights. Although the Court upheld the constitutionality of the legislation by an eight to one majority, it provided four different, and incommensurable, sets of reasons. For the union that instigated the litigation, Fraser is a defeat. For the labour movement and their advocates, Fraser is ambiguous. What is clear, however, is that the Supreme Court of Canada was badly divided over the scope of protection that freedom of association provides to the right to bargain collectively.

 This collection of original essays untangles the two stories that are intertwined in the Fraser decision—the story of the farm workers and their union’s attempt to obtain rights at work available to other working people in Ontario, and the tale of judicial discord over the meaning of freedom of association in the context of work. The contributors include trade unionists, lawyers, and academics (several of whom were involved in Fraser as witnesses, parties, lawyers, and interveners). The collection provides the social context out of which the decision emerged, including a photo essay on migrant workers, while at the same time illuminating Fraser’s broader jurisprudential and institutional implications.

About the Authors
Fay Faraday is a partner at Cavalluzzo Hayes Shilton McIntyre & Cornish LLP, a Toronto law firm specializing in labour, human rights, and public interest law. With a practice that focuses on constitutional and appellate litigation, labour, and human rights, she has extensive experience with equality rights litigation under the Charter at all levels of court, including the Supreme Court of Canada. She has been a member of LEAF's National Legal Committee and the National Steering Committee of the National Association of Women and the Law and has represented and consulted with numerous social justice and labour groups with respect to Charter equality litigation. She has published numerous papers on equality rights.
Author profile page >

Fay Faraday is a partner at Cavalluzzo Hayes Shilton McIntyre & Cornish LLP, a Toronto law firm specializing in labour, human rights, and public interest law. With a practice that focuses on constitutional and appellate litigation, labour, and human rights, she has extensive experience with equality rights litigation under the Charter at all levels of court, including the Supreme Court of Canada. She has been a member of LEAF's National Legal Committee and the National Steering Committee of the National Association of Women and the Law and has represented and consulted with numerous social justice and labour groups with respect to Charter equality litigation. She has published numerous papers on equality rights.
Author profile page >

Fay Faraday is a partner at Cavalluzzo Hayes Shilton McIntyre & Cornish LLP, a Toronto law firm specializing in labour, human rights, and public interest law. With a practice that focuses on constitutional and appellate litigation, labour, and human rights, she has extensive experience with equality rights litigation under the Charter at all levels of court, including the Supreme Court of Canada. She has been a member of LEAF's National Legal Committee and the National Steering Committee of the National Association of Women and the Law and has represented and consulted with numerous social justice and labour groups with respect to Charter equality litigation. She has published numerous papers on equality rights.
Author profile page >

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